Your license for security activities is revoked: what to do and how to forestall this?
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The moratorium for inspections is lifted. The Ministry of Internal Affairs of Ukraine and other licensing authorities already have a plan of inspections for this year and are actively implementing it.
If you are the owner of a security company and you have received a decision on revocation of the license for security activities or a message about the foregoing inspection, this material is for you.
In this material we will consider:
- which security companies are included in the inspection plan;
- how often they can inspect the same company;
- possible inspection outcome;
- how to secure yourself during inspection.
What security companies are included in the inspection plan?
These can be any companies that, at the time of the development of the plan, have the appropriate license. The legislation provides for a number of criteria by which the activities of licensees are assessed according to the level of risk and receive the corresponding number of points.
These criteria include:
- the term of the activity;
- the number of personnel and means used to carry out the protection.
The greater the level of risk, the greater the number of points the licensee scores and the greater the likelihood of inclusion in the audit plan.
Unlike scheduled inspections, unscheduled inspections are carried out in the case of complaints about the activities of the licensee or if the licensing body discovers information that indicates a violation of the terms and conditions.
Related article: Rights and obligations of a security company during an inspection: what should you pay attention to?
How often can they inspect the same company?
The planned inspection period is one calendar year - from January 1 to December 31. A licensing body is not allowed to conduct a routine inspection of the same business entity more than once during a given period.
In other words, the Licensing Department of the Ministry of Internal Affairs will not come more than once a year with a scheduled inspection. And with an unscheduled one - as much as there will be grounds for its implementation.
What can be the outcome of an inspection?
- Successful verification. If the licensee successfully passes the planned inspection, he/she will no longer have scheduled inspections by the licensing authority before the end of this year.
Important! This does not mean that there will be no unscheduled inspections - for example, if a complaint has been filed against the licensee.
- License revocation.
Important! The company will not be able to obtain a new license within 1 year if the revocation was done due to the following reasons:
- non-payment for the issuance of a license (even the loss of a receipt for payment);
- repeated violation of licensing conditions within two years;
- discovery of false data in documents that were submitted to obtain a license;
- Discovery of the decisive influence on the activities of the enterprise from the countries engaged in armed aggression against Ukraine.
The reason for revoking the license is also the refusal to have an inspection, which is considered to be prevention of the licensing body to conduct an inspection. .
How can I secure my business?
One way to secure your business is to have two or more of the same companies. How does it work?
Two companies are registered for the Client for which security licenses are obtained. If something happened to one, another immediately begins to work.
If it so happened that you have only one security company and its license has been revoked or there is reason to fear that it will soon be revoked, it makes no sense to wait a whole year for a new license. Just register a new company and get a license for it.
Related article: Cost private security business formalization in Ukraine
The situation is more difficult for sole traders. After all, the same person can have only one status of a registered business entity. The solution may be to register a legal entity and obtain an appropriate license for it.
If you do not have time to register a new company and obtain a license for it, an alternative may be to purchase a ready-made company with the appropriate license.
If you have any questions regarding the above topic, please get in touch with our lawyers for detailed legal advice.
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